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Friday, September 23, 2011

Topeka Kansas says Domestic Violence is Not A Crime!

It is very dangerous for victims of Intimate Partner Violence to report the crime as the consequences from the perpetrator are even worst than the actual ‘incident’ being charged.

BATTERER RETALIATION. When a Intimate Partner Violence case is pursued, its must be with heavy consequences per the law to the offender, as she (the victim) is at grater risk to her life than she was when the charge was filed.

How a victim is treated usually has little to do with the actual system, but has everything to do with the people who work in the system.

The issue is making sure the judges understand what they should be looking at for evidence in domestic violence cases. How the judge or victims’ rights advocates, police offices or city prosecutors or district attorneys or assistant district attorneys and their staff are educated, and implement those tools to aid victims and insure justice is much more important than which court should have jurisdiction.

Domestic Violence is defined as a “pattern of control’’

1.DV tag law

2.DA has a DV task team that do all the Dv cases.

3.It is extremely rare that a dv charge is ever held at dv usual they are reduced to ‘damage to personal property and disorderly conduct.’ Then it is still a misdemeanor, only after three such convictions does the 4th time warrant even felony status.

Perhaps with the DV tag law, which will document all the ‘disorderly conducts, damage to personal property with a tag at the bottom showing was in relation to domestic violence—will show that pattern and perhaps then they can change the ‘misdemeanor dv conviction to felony sooner than with the NON attainable 3 DV misdemeanor convictions to the 4th as a felony.

The County DA’s office must maintain the intimate partner violence cases—or person injury crimes. The DA’s office—the people that bring the crimes to paper, to the system, of charges, and begin the long process of getting it through the system and getting ‘justice’ and consequences for the crime.

The DA works closely with the Secretary of State’s e.g. address confidentiality program for victims of domestic violence, the Attorney General’s office whom also has a Domestic Violence Task team, and the Governor’s Office that provides direct grant funding, specific to ensure and to continue the legal prosecution of offenders, the KCSV provides up to date education, and best practices of understanding, prosecuting, supporting the victims of Domestic Violence and Coercive Control. The DA’s office has made significant advancements in the past 30 years with this heinous crime.

To toss cases to the city will be open season for victims of intimate partner violence that will result in homicide.

The Commissioners want to cut the budget, money, there are many County expenditures that are wasted. There are Court programs that can be cut without threat to public safety. For instance: parenting classes, drug Classes, several of the so called CSO that do noting but ‘busy work’ that cannot be done by the City/municipal court.

But of all the county cuts—the last one would be to cut the DA’s office—the only avenue to even begin to seek justice. For any crime, violent crimes, even violent crimes labeled as ‘just dv”.

Two Judges (and only Judges at Municipal/city Court)

Lloyd C Swartz - A history to include usual district court ‘Case manager’ who blocks access to justice has a history of harming battered mothers. (I myself included)

At one point they were going to ‘disbar’ him, until he hired lawyer John Ambrosia as defense. This hardly ever happens, I have seen attorneys make death threats, physically attack patrons in the court house, accepting bribes and shown evident biased and lack of neutrality—those actions have failed to be admonished by the Disiplinary board let alone make it to actual supreme court public admonishment.

Since last weeks decision to stop prosecuting Domestic Violence in the city limits, there have been 35 Domestic Violence arrests that have walked minus any criminal charges. The City manager is considering a repeal in the City Ordinances that Domestic Violence is not a crime within the city, so that the City Judges and Prosecutors do not have to charge, prosecute and try any Domestic Violence.

This is not acceptable and the Department of Justice needs to step in and mandate changes according to the laws in the State of Kansas.

By: Claudine Dombrowski, National Advocate for Victims of Intimate Partner Violence and Mother's Without Custody

Through organizing globally, Claudine Dombrowski, and others like her who have been battered mothers, not only by an abuser, but battered in the court system, have founded American/Australia Mothers Political Party to bring attention and educate others. Through combining their online efforts across the globe, they are able to link together, not always physically, but by forming groups through the wonders of technology and carrying their message far and wide.

If you would like to schedule Claudine Dombrowski for your next event, please fill out the form below or contact ImaginePublicity at 843.808.0859 or email: contact@imaginepublicity.com

The Evidentiary Abuse Affidavit included in the book "Time's Up" is a Solution

An “Evidentiary Abuse Affidavit" and video has the additional psychological benefit of being forced to face reality and admit that the potential for the ultimate kind of violence exists…and that if it occurs the perpetrator will be held accountable.

The Evidentiary Abuse Affidavit: A Victim’s Voice (c)(TM)(R)

Domestic violence or intimate partner victims now are able to provide information, in their own words, about the fears, dangers, experiences they have had at the hands of their abuser. The" Evidentiary Abuse Affidavit" or "EAA" records victim's stories, histories, and experiences which are preserved and stored on their behalf. These videos will provide answers to the many questions, allegations, and fears that arise when a person has disappeared, gone missing, or been found dead.

In relationships it is important to equip one's self with the proper tools before announcing "it is over." That, is what cost Bea Dickey her life. Unfortunately, hers life mirrors thousand of others across the county, victims of intimate partner violence, trying to break away from their abusive relationships with their lives in tact.

If Beatrice Dickey, or any woman found murdered or is reported missing, had done an Evidentiary Abuse Affidavit, ON TAPE, from following the information in the “Time’s Up" book ,they would be able to describe:

- threats made against her life or wellbeing, including details of how the perpetrator would carry out the threat- incidents of past abuse that the victim has endured- admissions or comments made to her about other victims or people abused- where evidence or weapons would or could be located- possible alibis that the perpetrator would make up in his defense (including identification of people who could be co-defendant’s or co-suspects)- portray visible injuries or marks

Just think if we incorporate the only effective plan in the country and have it available for every prosecutor, law enforcement, church, family law office and social service agency across the country, lives would be saved.

Through our corporate and security technology partners we bring the proprietary training to you and your company. And you can now be trained and certified to provide the "EAA" for your clients or within your law enforcement and legal communities or private company. If you are in law enforcement, private investigations, a lawyer practicing in family related matters including custody, a social worker, medical care provider, human resource or are with an employee assistance program or a direct insurer such as Blue Cross and Blue Shield, Zurich N.A., AIG, Anthem, Liberty Mutual, State Farm, AllState or Travelers.

Below is the video example of what someone does as they prepare:

If you are in a relationship that has a history of violence, simply mustering up the courage to confront the person and say it is over, without the proper tools, can cost you, your life!

Susan is the author of "Time's Up: A Guide on How to Leave and SurviveAbusiveand Stalking Relationships,"Moving out, Moving on, andDefending Out Lives. Susan is the host ofThe Susan Murphy Milano Show, "Time'sUp!". She is a regular contributor to the nationally syndicated "The Roth Show" with Dr Laurie Roth and a co-host onCrime Wire.

1 comment:

Donna R. Gore
said...

This blogger once lived in Topeka as part of a graduate school internship. The experience was a good one. However, ever all those years ago, Topeka could not be considered "progressive" as compared to the Northeast.

The city of Topeka's Municipal website appears to place a higher priority on traffic tickets than they do for intimate partner violence. It is a comprehensive description listing services and goes on and on about "the rights of the accused.'" It reads like a neat little package tied up in a bow... It's entitled, "Understanding Municipal Court."Here's the link:http://www.topeka.org/municipalcourt/

Well, I don't understand their reasoning here... People who craft and eliminate line items from budgets don't care about people. They care about numbers on a page.

I say, Topeka court officials must must get their heads out of the cornfields and back to reality serving the public need!

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